Fox is Framed

Fox is Framed Read Online Free PDF

Book: Fox is Framed Read Online Free PDF
Author: Lachlan Smith
Maxwell, has observed, his father has been patient for twenty-one years. The state is sensitive to the fact that any delay at this point must be difficult to stomach. Nonetheless, extremely serious charges remain pending. In two weeks, I promise the court, we can have a definite answer.”
    Seeing in the judge’s face that he was going to give her what she requested, I stood. “Your Honor, if I may be heard. I would ask that if the court is inclined to grant the state’s request, which my client opposes, that Your Honor set this case not for a status conference but for a probable cause hearing.” A probable cause hearing, otherwise known as a preliminary hearing or preliminary examination, was a required stage in all felony cases.
    â€œDo you have any authority for your entitlement to a probable cause hearing?”
    â€œPenal Code Section 995. The conviction has been vacated, so we’re starting over. Essentially, it’s the same as if Mr. Maxwell had been arrested for the first time last week on suspicion of this murder. If the state wants to retry him, it should present its evidence now.”
    â€œI agree,” Liu said, surprising me. “Ms. Crowder, any reason why the state should not have to show probable cause?”
    She rolled her eyes. “We’ve already shown it. Twenty-one years ago.”
    â€œPrecisely. You’ve just told me that most of the people involved twenty-one years ago are now gone. That includes investigators, many of whom would need to be questioned about the physical evidence that I found was wrongfully withheld from the defense. If those people aren’t available, then the defense won’t be able to question them. Mr. Maxwell will probably argue that as one reason why this case should be dismissed.”
    I spoke up. “The defendant expects to file a motion to exclude the use of any transcripts of testimony from the previous trial.”
    The man we stood before now gave Crowder his best fuck-you smile. “Any thoughts, Ms. Crowder?”
    â€œI don’t have an argument prepared right now, Your Honor. We can brief the issue . . .”
    â€œI’m sure that both sides will enlighten me when you file your briefs a week from today. Simultaneous briefing, please. I’ll grant the state’s motion for a continuance and set this case for a probable cause hearing in two weeks. After that hearing, if necessary, I’ll also hear the defendant’s motion to dismiss this case. Anything else?”
    I stood. “The defendant requests bail.”
    â€œWe can take that up after the hearing,” Crowder said.
    The judge studied her. “No,” he said. “I think we’ll take it up now. What bail is the defense requesting?”
    â€œTen thousand dollars.” A shot at the moon.
    He didn’t blink. “That’s lower than the usual amount for a first-degree murder charge. A lot lower. Give me your reasons.”
    I summarized my father’s clean prison record and the lack of any evidence that he posed a danger to anyone. With no money, credit cards, driver’s license, or passport, he posed no flight risk. “As for my client’s ties to the community, I’ll have to switch roles and speak not as Mr. Maxwell’s attorney, but as his son. For twenty-one years my father, my brother, and I have never stopped seeking his exoneration.” My feelings about my father were no one’s business but my own. The truth, at least for me, was otherwise. But that was a private truth, one I had no desire to reveal in this public forum, with journalists scribbling or typing every word I said.
    â€œThere’s no reason,” I continued, “he should have to post such a high bail while the state dithers and delays the inevitable decision to dismiss these charges. We ask that the court recognize the special circumstances of this case and set bail at ten thousand dollars.”
    I sat down and
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